[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3259 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 17, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3259) entitled ``An Act to authorize appropriations for fiscal year 
1997 for intelligence and intelligence-related activities of the United 
States Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Postponement of applicability of sanctions laws to 
                            intelligence activities.
Sec. 304. Post-employment restrictions.
Sec. 305. Executive branch oversight of budgets of elements of the 
                            intelligence community.

               TITLE IV--FEDERAL BUREAU OF INVESTIGATION

Sec. 401. Access to telephone records.

                      TITLE V--ECONOMIC ESPIONAGE

Sec. 501. Short title.
Sec. 502. Prevention of economic espionage and protection of 
                            proprietary economic information.

                   TITLE VI--COMBATTING PROLIFERATION

Sec. 601. Short title.

Subtitle A--Assessment of Organization and Structure of Government for 
                        Combatting Proliferation

Sec. 611. Establishment of commission.
Sec. 612. Duties of commission.
Sec. 613. Powers of commission.
Sec. 614. Commission personnel matters.
Sec. 615. Termination of commission.
Sec. 616. Definition.
Sec. 617. Authorization of appropriations.

                       Subtitle B--Other Matters

Sec. 621. Reports on acquisition of technology relating to weapons of 
                            mass destruction and advanced conventional 
                            munitions.

        TITLE VII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

Sec. 701. Short title.
Sec. 702. Committee on Foreign Intelligence.
Sec. 703. Annual reports on intelligence.
Sec. 704. Transnational threats.
Sec. 705. Office of the Director of Central Intelligence.
Sec. 706. National Intelligence Council.
Sec. 707. Enhancement of authority of Director of Central Intelligence 
                            to manage budget, personnel, and activities 
                            of intelligence community.
Sec. 708. Responsibilities of Secretary of Defense pertaining to the 
                            National Foreign Intelligence Program.
Sec. 709. Improvement of intelligence collection.
Sec. 710. Improvement of analysis and production of intelligence.
Sec. 711. Improvement of administration of intelligence activities.
Sec. 712. Pay level of Assistant Directors of Central Intelligence.
Sec. 713. General Counsel of the Central Intelligence Agency.
Sec. 714. Office of Congressional Affairs of the Director of Central 
                            Intelligence.
Sec. 715. Assistance for law enforcement agencies by intelligence 
                            community.
Sec. 716. Appointment and evaluation of officials responsible for 
                            intelligence-related activities.
Sec. 717. Requirements for submittal of budget information on 
                            intelligence activities.
Sec. 718. Report on intelligence community policy on protecting the 
                            national information infrastructure against 
                            strategic attacks.

            TITLE VIII--NATIONAL IMAGERY AND MAPPING AGENCY

Sec. 801. National mission and collection tasking authority for the 
                            National Imagery and Mapping Agency.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1997 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The Drug Enforcement Administration.
            (11) The National Reconnaissance Office.
            (12) The Central Imagery Office.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 1997, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
____ of the One Hundred Fourth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 1997 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed two percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate whenever he exercises the authority 
granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorizations of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1997 the sum of $95,526,000. 
Within such amounts authorized, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for the 
Advanced Research and Development Committee and the Environmental Task 
Force shall remain available until September 30, 1998.
    (b) Authorized Personnel Levels.--The staff of the Community 
Management Account of the Director of Central Intelligence is 
authorized 265 full-time personnel as of September 30, 1997. Such 
personnel of the Community Management Staff may be permanent employees 
of the Community Management Staff or personnel detailed from other 
elements of the United States Government.
    (c) Reimbursement.--During fiscal year 1997, any officer or 
employee of the United States or member of the Armed Forces who is 
detailed to the staff of the Community Management Account from another 
element of the United States Government shall be detailed on a 
reimbursable basis, except that any such officer, employee, or member 
may be detailed on a non-reimbursable basis for a period of less than 
one year for the performance of temporary functions as required by the 
Director of Central Intelligence.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 1997 the sum of 
$184,200,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. POSTPONEMENT OF APPLICABILITY OF SANCTIONS LAWS TO 
              INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) 
is amended by striking ``the date which is one year after the date of 
the enactment of this title'' and inserting ``January 6, 1998''.

SEC. 304. POST-EMPLOYMENT RESTRICTIONS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Director of Central Intelligence shall prescribe 
regulations requiring each new and current employee of the Central 
Intelligence Agency to sign a written agreement restricting the 
activities of that employee upon ceasing employment with the Central 
Intelligence Agency.
    (b) Agreement Elements.--The regulations shall provide that an 
agreement contain provisions specifying that the employee concerned not 
represent or advise the government, or any political party, of a 
foreign country during the five-year period beginning on the 
termination of the employee's employment with the Central Intelligence 
Agency.
    (c) Disciplinary Actions.--The regulations shall specify 
appropriate disciplinary actions (including loss of retirement 
benefits) to be taken against any employee determined by the Director 
of Central Intelligence to have violated the agreement of the employee 
under this section.

SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS OF THE 
              INTELLIGENCE COMMUNITY.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall submit to the congressional 
intelligence committees a report setting forth the actions that have 
been taken to ensure adequate oversight by the executive branch of the 
budget of the National Reconnaissance Office and the budgets of other 
elements of the intelligence community within the Department of 
Defense.
    (b) Report Elements.--The report required by subsection (a) shall--
            (1) describe the extent to which the elements of the 
        intelligence community carrying out programs and activities in 
        the National Foreign Intelligence Program are subject to 
        requirements imposed on other elements and components of the 
        Department of Defense under the Chief Financial Officers Act of 
        1990 (Public Law 101-576), and the amendments made by that Act, 
        and the Federal Financial Management Act of 1994 (title IV of 
        Public Law 103-356), and the amendments made by that Act;
            (2) describe the extent to which such elements submit to 
        the Office of Management and Budget budget justification 
        materials and execution reports similar to the budget 
        justification materials and execution reports submitted to the 
        Office of Management and Budget by the non-intelligence 
        components of the Department of Defense;
            (3) describe the extent to which the National 
        Reconnaissance Office submits to the Office of Management and 
        Budget, the Community Management Staff, and the Office of the 
        Secretary of Defense--
                    (A) complete information on the cost, schedule, 
                performance, and requirements for any new major 
                acquisition before initiating the acquisition;
                    (B) yearly reports (including baseline cost and 
                schedule information) on major acquisitions;
                    (C) planned and actual expenditures in connection 
                with major acquisitions; and
                    (D) variances from any cost baselines for major 
                acquisitions (including explanations of such 
                variances); and
            (4) assess the extent to which the National Reconnaissance 
        Office has submitted to Office of Management and Budget, the 
        Community Management Staff, and the Office of the Secretary of 
        Defense on a monthly basis a detailed budget execution report 
        similar to the budget execution report prepared for Department 
        of Defense programs.
    (c) Definitions.--For purposes of this section:
            (1) The term ``congressional intelligence committees'' 
        shall mean the Select Committee on Intelligence of the Senate 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives.
            (2) The term ``National Foreign Intelligence Program'' has 
        the meaning given such term in section 3(6) of the National 
        Security Act of 1947 (50 U.S.C. 401a(6)).

               TITLE IV--FEDERAL BUREAU OF INVESTIGATION

SEC. 401. ACCESS TO TELEPHONE RECORDS.

    (a) Access for Counterintelligence Purposes.--Section 2709(b)(1) of 
title 18, United States Code, is amended by inserting ``local and long 
distance'' before ``toll billing records''.
    (b) Conforming Amendment.--Section 2703(c)(1)(C) of such title is 
amended by inserting ``local and long distance'' after ``address,''.
    (c) Civil Remedy.--Section 2707 of such title is amended--
            (1) in subsection (a), by striking ``customer'' and 
        inserting ``other person'';
            (2) in subsection (c), by adding at the end the following: 
        ``If the violation is willful or intentional, the court may 
        assess punitive damages. In the case of a successful action to 
        enforce liability under this section, the court may assess the 
        costs of the action, together with reasonable attorney fees 
        determined by the court.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (4) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Disciplinary Actions for Violations.--If a court determines 
that any agency or department of the United States has violated this 
chapter and the court finds that the circumstances surrounding the 
violation raise the question whether or not an officer or employee of 
the agency or department acted willfully or intentionally with respect 
to the violation, the agency or department concerned shall promptly 
initiate a proceeding to determine whether or not disciplinary action 
is warranted against the officer or employee.''.

                      TITLE V--ECONOMIC ESPIONAGE

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Economic Espionage Act of 1996''.

SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF 
              PROPRIETARY ECONOMIC INFORMATION.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 27 the following new chapter:

                    ``CHAPTER 28--ECONOMIC ESPIONAGE

``Sec.
``571. Definitions.
``572. Economic espionage.
``573. Criminal forfeiture.
``574. Import and export sanctions.
``575. Scope of extraterritorial jurisdiction.
``576. Construction with other laws.
``577. Preservation of confidentiality.
``578. Law enforcement and intelligence activities.
``Sec. 571. Definitions
    ``For purposes of this chapter, the following definitions shall 
apply:
            ``(1) Foreign agent.--The term `foreign agent' means any 
        officer, employee, proxy, servant, delegate, or representative 
        of a foreign nation or government.
            ``(2) Foreign instrumentality.--The term `foreign 
        instrumentality' means any agency, bureau, ministry, component, 
        institution, association, or any legal, commercial, or business 
        organization, corporation, firm, or entity that is 
        substantially owned, controlled, sponsored, commanded, managed, 
        or dominated by a foreign government or any political 
        subdivision, instrumentality, or other authority thereof.
            ``(3) Owner.--The term `owner' means the person or persons 
        in whom, or the United States Government component, department, 
        or agency in which, rightful legal, beneficial, or equitable 
        title to, or license in, proprietary economic information is 
        reposed.
            ``(4) Proprietary economic information.--The term 
        `proprietary economic information' means all forms and types of 
        financial, business, scientific, technical, economic, or 
        engineering information (including data, plans, tools, 
        mechanisms, compounds, formulas, designs, prototypes, 
        processes, procedures, programs, codes, or commercial 
        strategies, whether tangible or intangible, and whether stored, 
        compiled, or memorialized physically, electronically, 
        graphically, photographically, or in writing), if--
                    ``(A) the owner thereof has taken reasonable 
                measures to keep such information confidential; and
                    ``(B) the information derives independent economic 
                value, actual or potential, from not being generally 
                known to, and not being readily ascertainable through 
                proper means by, the public.
            ``(5) United states person.--The term `United States 
        person' means--
                    ``(A) in the case of a natural person, a citizen of 
                the United States or a permanent resident alien of the 
                United States; and
                    ``(B) in the case of an organization (as that term 
                is defined in section 18 of this title), an entity 
                substantially owned or controlled by citizens of the 
                United States or permanent resident aliens of the 
                United States, or incorporated in the United States.
``Sec. 572. Economic espionage
    ``(a) In General.--Any person who, with knowledge or reason to 
believe that he or she is acting on behalf of, or with the intent to 
benefit, any foreign nation, government, instrumentality, or agent, 
knowingly--
            ``(1) steals, wrongfully appropriates, takes, carries away, 
        or conceals, or by fraud, artifice, or deception obtains 
        proprietary economic information;
            ``(2) wrongfully copies, duplicates, sketches, draws, 
        photographs, downloads, uploads, alters, destroys, photocopies, 
        replicates, transmits, delivers, sends, mails, communicates, or 
        conveys proprietary economic information;
            ``(3) being entrusted with, or having lawful possession or 
        control of, or access to, proprietary economic information, 
        wrongfully copies, duplicates, sketches, draws, photographs, 
        downloads, uploads, alters, destroys, photocopies, replicates, 
        transmits, delivers, sends, mails, communicates, or conveys the 
        same;
            ``(4) receives, buys, or possesses proprietary economic 
        information, knowing the same to have been stolen or wrongfully 
        appropriated, obtained, or converted;
            ``(5) attempts to commit any offense described in any of 
        paragraphs (1) through (4);
            ``(6) wrongfully solicits another to commit any offense 
        described in any of paragraphs (1) through (4); or
            ``(7) conspires with one or more other persons to commit 
        any offense described in any of paragraphs (1) through (4), and 
        one or more of such persons do any act to effect the object of 
        the conspiracy,
shall, except as provided in subsection (b), be fined not more than 
$500,000 or imprisoned not more than 25 years, or both.
    ``(b) Organizations.--Any organization that commits any offense 
described in subsection (a) shall be fined not more than $10,000,000.
    ``(c) Exception.--It shall not be a violation of this section to 
disclose proprietary economic information in the case of--
            ``(1) appropriate disclosures to Congress; or
            ``(2) disclosures to an authorized official of an executive 
        agency that are deemed essential to reporting a violation of 
        United States law.
``Sec. 573. Criminal forfeiture
    ``(a) In General.--Notwithstanding any provision of State law to 
the contrary, any person convicted of a violation under this chapter 
shall forfeit to the United States--
            ``(1) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(2) any of the property of that person used, or intended 
        to be used, in any manner or part, to commit or facilitate the 
        commission of such violation.
    ``(b) Court Action.--The court, in imposing sentence on such 
person, shall order, in addition to any other sentence imposed pursuant 
to this chapter, that the person forfeit to the United States all 
property described in this section.
    ``(c) Applicability of Other Law.--Property subject to forfeiture 
under this section, any seizure and disposition thereof, and any 
administrative or judicial proceeding in relation thereto, shall be 
governed by the provisions of section 413 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than 
subsection (d) of that section.
``Sec. 574. Import and export sanctions
    ``(a) Action by the President.--The President may, to the extent 
consistent with international agreements to which the United States is 
a party, prohibit, for a period of not longer than 5 years, the 
importation into, or exportation from, the United States, whether by 
carriage of tangible items or by transmission, any merchandise 
produced, made, assembled, or manufactured by a person convicted of any 
offense described in section 572 of this title, or in the case of an 
organization convicted of any offense described in such section, its 
successor entity or entities.
    ``(b) Action by the Secretary of the Treasury.--
            ``(1) Civil penalty.--The Secretary of the Treasury may 
        impose on any person who knowingly violates any order of the 
        President issued under the authority of this section, a civil 
        penalty equal to not more than 5 times the value of the exports 
        or imports involved, or $100,000, whichever is greater.
            ``(2) Seizure and forfeiture.--Any merchandise imported or 
        exported in violation of an order of the President issued under 
        this section shall be subject to seizure and forfeiture in 
        accordance with sections 602 through 619 of the Tariff Act of 
        1930.
            ``(3) Applicability of other provisions.--The provisions of 
        law relating to seizure, summary and judicial forfeiture, and 
        condemnation of property for violation of the United States 
        customs laws, the disposition of such property or the proceeds 
        from the sale thereof, the remission or mitigation of such 
        forfeiture, and the compromise of claims, shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred under this section to the extent that they are 
        applicable and not inconsistent with the provisions of this 
        chapter.
``Sec. 575. Scope of extraterritorial jurisdiction
    ``This chapter applies--
            ``(1) to conduct occurring within the United States; and
            ``(2) to conduct occurring outside the United States if--
                    ``(A) the offender is a United States person; or
                    ``(B) the act in furtherance of the offense was 
                committed in the United States.
``Sec. 576. Construction with other laws
    ``This chapter shall not be construed to preempt or displace any 
other remedies, whether civil or criminal, provided by Federal, State, 
commonwealth, possession, or territorial laws that are applicable to 
the misappropriation of proprietary economic information.
``Sec. 577. Preservation of confidentiality
    ``In any prosecution or other proceeding under this chapter, the 
court shall enter such orders and take such other action as may be 
necessary and appropriate to preserve the confidentiality of 
proprietary economic information, consistent with the requirements of 
the Federal Rules of Criminal Procedure, the Federal Rules of Civil 
Procedure, the Federal Rules of Evidence, and all other applicable 
laws. An interlocutory appeal by the United States shall lie from a 
decision or order of a district court authorizing or directing the 
disclosure of proprietary economic information.
``Sec. 578. Law enforcement and intelligence activities
    ``This chapter does not prohibit, and shall not impair, any lawful 
activity conducted by a law enforcement or regulatory agency of the 
United States, a State, or a political subdivision of a State, or an 
intelligence agency of the United States.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 27 the following new item:

``28. Economic espionage....................................     571''.
    (c) Conforming Amendment.--Section 2516(1)(a) of title 18, United 
States Code, is amended by inserting ``chapter 28 (relating to economic 
espionage),'' after ``or under the following chapters of this title:''.

                   TITLE VI--COMBATTING PROLIFERATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Combatting Proliferation of 
Weapons of Mass Destruction Act of 1996''.

Subtitle A--Assessment of Organization and Structure of Government for 
                        Combatting Proliferation

SEC. 611. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Commission to Assess the Organization of the Federal Government 
to Combat the Proliferation of Weapons of Mass Destruction (in this 
subtitle referred to as the ``Commission'').
    (b) Membership.--The Commission shall be composed of eight members 
of whom--
            (1) four shall be appointed by the President;
            (2) one shall be appointed by the Majority Leader of the 
        Senate;
            (3) one shall be appointed by the Minority Leader of the 
        Senate;
            (4) one shall be appointed by the Speaker of the House of 
        Representatives; and
            (5) one shall be appointed by the Minority Leader of the 
        House of Representatives.
    (c) Qualifications of Members.--(1) To the maximum extent 
practicable, the individuals appointed as members of the Commission 
shall be individuals who are nationally recognized for expertise 
regarding--
            (A) the nonproliferation of weapons of mass destruction;
            (B) the efficient and effective implementation of United 
        States nonproliferation policy; or
            (C) the implementation, funding, or oversight of the 
        national security policies of the United States.
    (2) An official who appoints members of the Commission may not 
appoint an individual as a member if, in the judgment of the official, 
the individual possesses any personal or financial interest in the 
discharge of any of the duties of the Commission.
    (d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (e)  Initial Meeting.--No later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairman and Vice Chairman.--The Commission shall select a 
Chairman and Vice Chairman from among its members.
    (h) Meetings.--The Commission shall meet at the call of the 
Chairman.

SEC. 612. DUTIES OF COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall carry out a thorough 
        study of the organization of the Federal Government, including 
        the elements of the intelligence community, with respect to 
        combatting the proliferation of weapons of mass destruction.
            (2) Specific requirements.--In carrying out the study, the 
        Commission shall--
                    (A) assess the current structure and organization 
                of the departments and agencies of the Federal 
                Government having responsibilities for combatting the 
                proliferation of weapons of mass destruction; and
                    (B) assess the effectiveness of United States 
                cooperation with foreign governments with respect to 
                nonproliferation activities, including cooperation--
                            (i) between elements of the intelligence 
                        community and elements of the intelligence-
                        gathering services of foreign governments;
                            (ii) between other departments and agencies 
                        of the Federal Government and the counterparts 
                        to such departments and agencies in foreign 
                        governments; and
                            (iii) between the Federal Government and 
                        international organizations.
            (3) Assessments.--In making the assessments under paragraph 
        (2), the Commission should address--
                    (A) the organization of the export control 
                activities (including licensing and enforcement 
                activities) of the Federal Government relating to the 
                proliferation of weapons of mass destruction;
                    (B) arrangements for coordinating the funding of 
                United States nonproliferation activities;
                    (C) existing arrangements governing the flow of 
                information among departments and agencies of the 
                Federal Government responsible for nonproliferation 
                activities;
                    (D) the effectiveness of the organization and 
                function of interagency groups in ensuring 
                implementation of United States treaty obligations, 
                laws, and policies with respect to nonproliferation;
                    (E) the administration of sanctions for purposes of 
                nonproliferation, including the measures taken by 
                departments and agencies of the Federal Government to 
                implement, assess, and enhance the effectiveness of 
                such sanctions;
                    (F) the organization, management, and oversight of 
                United States counterproliferation activities;
                    (G) the recruitment, training, morale, expertise, 
                retention, and advancement of Federal Government 
                personnel responsible for the nonproliferation 
                functions of the Federal Government, including any 
                problems in such activities;
                    (H) the role in United States nonproliferation 
                activities of the National Security Council, the Office 
                of Management and Budget, the Office of Science and 
                Technology Policy, and other offices in the Executive 
                Office of the President having responsibilities for 
                such activities;
                    (I) the organization of the activities of the 
                Federal Government to verify government-to-government 
                assurances and commitments with respect to 
                nonproliferation, including assurances regarding the 
                future use of commodities exported from the United 
                States; and
                    (J) the costs and benefits to the United States of 
                increased centralization and of decreased 
                centralization in the administration of the 
                nonproliferation activities of the Federal Government.
    (b) Recommendations.--In conducting the study, the Commission shall 
develop recommendations on means of improving the effectiveness of the 
organization of the departments and agencies of the Federal Government 
in meeting the national security interests of the United States with 
respect to the proliferation of weapons of mass destruction. Such 
recommendations shall include specific recommendations to eliminate 
duplications of effort, and other inefficiencies, in and among such 
departments and agencies.
    (c) Report.--(1) Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to Congress a report 
containing a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for such legislation and 
administrative actions as it considers appropriate.
    (2) The report shall be submitted in unclassified form, but may 
include a classified annex.

SEC. 613. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out the 
purposes of this subtitle.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from 
        any Federal department or agency such information as the 
        Commission considers necessary to carry out the provisions of 
        this subtitle. Upon request of the Chairman of the Commission, 
        the head of such department or agency shall furnish such 
        information to the Commission.
            (2) Classified information.--A department or agency may 
        furnish the Commission classified information under this 
        subsection. The Commission shall take appropriate actions to 
        safeguard classified information furnished to the Commission 
        under this paragraph.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 614. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of the executive director and other personnel 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for the executive director and 
        other personnel may not exceed the rate payable for level V of 
        the Executive Schedule under section 5316 of such title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 615. TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after the date on which the 
Commission submits its report under section 612(c).

SEC. 616. DEFINITION.

    For purposes of this subtitle, the term ``intelligence community'' 
shall have the meaning given such term in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 617. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for the 
Commission for fiscal year 1997 such sums as may be necessary for the 
Commission to carry out its duties under this subtitle.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available for expenditure until the termination of the Commission under 
section 615.

                       Subtitle B--Other Matters

SEC. 621. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF 
              MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS.

    (a) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the Director of 
Central Intelligence shall submit to Congress a report on--
            (1) the acquisition by foreign countries during the 
        preceding 6 months of dual-use and other technology useful for 
        the development or production of weapons of mass destruction 
        (including nuclear weapons, chemical weapons, and biological 
        weapons) and advanced conventional munitions; and
            (2) trends in the acquisition of such technology by such 
        countries.
    (b) Form of Reports.--The reports submitted under subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex.

        TITLE VII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Intelligence Activities Renewal 
and Reform Act of 1996''.

SEC. 702. COMMITTEE ON FOREIGN INTELLIGENCE.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended--
            (1) by redesignating subsection (h) as subsection (j); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h)(1) There is established within the National Security Council 
a committee to be known as the `Committee on Foreign Intelligence'.
    ``(2) The Committee shall be composed of the following:
            ``(A) The Director of Central Intelligence.
            ``(B) The Secretary of State.
            ``(C) The Secretary of Defense.
            ``(D) The Assistant to the President for National Security 
        Affairs, who shall serve as the chairperson of the Committee.
            ``(E) Such other members as the President may designate.
    ``(3) The function of the Committee shall be to assist the Council 
in its activities by--
            ``(A) identifying the intelligence required to address the 
        national security interests of the United States as specified 
        by the President;
            ``(B) establishing priorities (including funding 
        priorities) among the programs, projects, and activities that 
        address such interests and requirements; and
            ``(C) establishing policies relating to the conduct of 
        intelligence activities of the United States, including 
        appropriate roles and missions for the elements of the 
        intelligence community and appropriate targets of intelligence 
        collection activities.
    ``(4) In carrying out its function, the Committee shall--
            ``(A) conduct an annual review of the national security 
        interests of the United States;
            ``(B) identify on an annual basis, and at such other times 
        as the Council may require, the intelligence required to meet 
        such interests and establish an order of priority for the 
        collection and analysis of such intelligence; and
            ``(C) conduct an annual review of the elements of the 
        intelligence community in order to determine the success of 
        such elements in collecting, analyzing, and disseminating the 
        intelligence identified under subparagraph (B).
    ``(5) The Committee shall submit each year to the Council and to 
the Director of Central Intelligence a comprehensive report on its 
activities during the preceding year, including its activities under 
paragraphs (3) and (4).''.

SEC. 703. ANNUAL REPORTS ON INTELLIGENCE.

    (a) In General.--Section 109 of the National Security Act of 1947 
(50 U.S.C. 404d) is amended by striking out subsections (a) and (b) and 
inserting in lieu thereof the following new subsections:
    ``Sec. 109. (a) In General.--(1) Not later than January 31 each 
year, the President shall submit to the appropriate congressional 
committees a report on the requirements of the United States for 
intelligence and the activities of the intelligence community.
    ``(2) The purpose of the report is to facilitate an assessment of 
the activities of the intelligence community during the preceding 
fiscal year and to assist in the development of a mission and a budget 
for the intelligence community for the fiscal year beginning in the 
year in which the report is submitted.
    ``(3) The report shall be submitted in unclassified form, but may 
include a classified annex.
    ``(b) Matters Covered.--(1) Each report under subsection (a) 
shall--
            ``(A) specify the intelligence required to meet the 
        national security interests of the United States, and set forth 
        an order of priority for the collection and analysis of 
        intelligence required to meet such interests, for the fiscal 
        year beginning in the year in which the report is submitted; 
        and
            ``(B) evaluate the performance of the intelligence 
        community in collecting and analyzing intelligence required to 
        meet such interests during the fiscal year ending in the year 
        preceding the year in which the report is submitted, including 
        a description of the significant successes and significant 
        failures of the intelligence community in such collection and 
        analysis during that fiscal year.
    ``(2) The report shall specify matters under paragraph (1)(A) in 
sufficient detail to assist Congress in making decisions with respect 
to the allocation of resources for the matters specified.
    ``(c) Definition.--In this section, the term `appropriate 
congressional committees' means the following:
            ``(1) The Select Committee on Intelligence, the Committee 
        on Appropriations, and the Committee on Armed Services of the 
        Senate.
            ``(2) The Permanent Select Committee on Intelligence, the 
        Committee on Appropriations, and the Committee on National 
        Security of the House of Representatives.''.
    (b) Conforming Amendments.--(1) The section heading of such section 
is amended to read as follows:

                   ``annual report on intelligence''.

    (2) The table of contents in the first section of that Act is 
amended by striking the item relating to section 109 and inserting the 
following new item:

``Sec. 109. Annual report on intelligence.''.

SEC. 704. TRANSNATIONAL THREATS.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended by inserting after subsection (h), as amended by section 702 of 
this Act, the following new subsection:
    ``(i)(1) There is established within the National Security Council 
a committee to be known as the `Committee on Transnational Threats'.
    ``(2) The Committee shall include the following members:
            ``(A) The Director of Central Intelligence.
            ``(B) The Secretary of State.
            ``(C) The Secretary of Defense.
            ``(D) The Attorney General.
            ``(E) The Assistant to the President for National Security 
        Affairs, who shall serve as the chairperson of the Committee.
            ``(F) Such other members as the President may designate.
    ``(3) The function of the Committee shall be to coordinate and 
direct the activities of the United States Government relating to 
combatting transnational threats.
    ``(4) In carrying out its function, the Committee shall--
            ``(A) identify transnational threats;
            ``(B) develop strategies to enable the United States 
        Government to respond to transnational threats identified under 
        subparagraph (A);
            ``(C) monitor implementation of such strategies;
            ``(D) make recommendations as to appropriate responses to 
        specific transnational threats;
            ``(E) assist in the resolution of operational and policy 
        differences among Federal departments and agencies in their 
        responses to transnational threats;
            ``(F) develop policies and procedures to ensure the 
        effective sharing of information about transnational threats 
        among Federal departments and agencies, including law 
        enforcement agencies and the elements of the intelligence 
        community; and
            ``(G) develop guidelines to enhance and improve the 
        coordination of activities of Federal law enforcement agencies 
        and elements of the intelligence community outside the United 
        States with respect to transnational threats.
    ``(5) For purposes of this subsection, the term `transnational 
threat' means the following:
            ``(A) Any transnational activity (including international 
        terrorism, narcotics trafficking, the proliferation of weapons 
        of mass destruction and the delivery systems for such weapons, 
        and organized crime) that threatens the national security of 
        the United States.
            ``(B) Any individual or group that engages in an activity 
        referred to in subparagraph (A).''.

SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.

    (a) In General.--Title I of The National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended--
            (1) in section 102 (50 U.S.C. 403)--
                    (A) by striking the section heading and all that 
                follows through paragraph (1) of subsection (a) and 
                inserting the following:

            ``office of the director of central intelligence

    ``Sec. 102.'';
                    (B) by redesignating paragraph (2) of subsection 
                (a) as subsection (a) and in such subsection (a), as so 
                redesignated, by redesignating subparagraphs (A), (B), 
                and (C) as paragraphs (1), (2), and (3), respectively; 
                and
                    (C) by striking subsection (d) and inserting the 
                following:
    ``(d)(1) There is an Office of the Director of Central 
Intelligence. The function of the Office is to assist the Director of 
Central Intelligence in carrying out the duties and responsibilities of 
the Director under this Act and to carry out such other duties as may 
be prescribed by law.
    ``(2) The Office of the Director of Central Intelligence is 
composed of the following:
            ``(A) The Director of Central Intelligence.
            ``(B) The Deputy Director of Central Intelligence.
            ``(C) The National Intelligence Council.
            ``(D) The Assistant Director of Central Intelligence for 
        Collection.
            ``(E) The Assistant Director of Central Intelligence for 
        Analysis and Production.
            ``(F) The Assistant Director of Central Intelligence for 
        Administration.
            ``(G) Such other offices and officials as may be 
        established by law or the Director of Central Intelligence may 
        establish or designate in the Office.
    ``(3) To assist the Director in fulfilling the responsibilities of 
the Director as head of the intelligence community, the Director shall 
employ and utilize in the Office of the Director of Central 
Intelligence a professional staff having an expertise in matters 
relating to such responsibilities and may establish permanent positions 
and appropriate rates of pay with respect to that staff.''; and
            (2) by inserting after section 102, as so amended, the 
        following new section:

                     ``central intelligence agency

    ``Sec. 102A. There is a Central Intelligence Agency. The function 
of the Agency shall be to assist the Director of Central Intelligence 
in carrying out the responsibilities referred to in paragraphs (1) 
through (4) of section 103(d) of this Act.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by striking the item relating to section 102 and 
inserting the following new items:

``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 102A. Central Intelligence Agency.''.

SEC. 706. NATIONAL INTELLIGENCE COUNCIL.

    Section 103(b) of the National Security Act of 1947 (50 U.S.C. 403-
3(b)) is amended--
            (1) in paragraph (1)(B), by inserting ``, or as contractors 
        of the Council or employees of such contractors,'' after ``on 
        the Council'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively;
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
    ``(4) Subject to the direction and control of the Director of 
Central Intelligence, the Center may carry out its responsibilities 
under this subsection by contract, including contracts for substantive 
experts necessary to assist the Center with particular assessments 
under this subsection.''; and
            (4) in paragraph (5), as so redesignated, by adding at the 
        end the following: ``The Center shall also be readily 
        accessible to policymaking officials and other appropriate 
        individuals not otherwise associated with the intelligence 
        community.''.

SEC. 707. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL INTELLIGENCE 
              TO MANAGE BUDGET, PERSONNEL, AND ACTIVITIES OF 
              INTELLIGENCE COMMUNITY.

    (a) In General.--Section 103(c) of the National Security Act of 
1947 (50 U.S.C. 403-3(c)) is amended--
            (1) by striking paragraph (1) and inserting the following 
        new paragraph (1):
            ``(1) facilitate the development of an annual budget for 
        intelligence and intelligence-related activities of the United 
        States by--
                    ``(A) developing and presenting to the President an 
                annual budget for the National Foreign Intelligence 
                Program; and
                    ``(B) participating in the development by the 
                Secretary of Defense of the annual budgets for the 
                Joint Military Intelligence Program and the Tactical 
                Intelligence and Related Activities Program;'';
            (2) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7), respectively; and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) approve collection requirements, determine collection 
        priorities, and resolve conflicts in collection priorities 
        levied on national collection assets, except as otherwise 
        agreed with the Secretary of Defense pursuant to the direction 
        of the President;''.
    (b) Use of Funds.--Section 104 of the National Security Act of 1947 
(50 U.S.C. 403-4) is amended--
            (1) by adding at the end of subsection (c) the following: 
        ``The Secretary of Defense shall consult with the Director of 
        Central Intelligence before reprogramming funds made available 
        under the Joint Military Intelligence Program.'';
            (2) by redesignating subsections (e), (f), and (g) as 
        subsections (f), (g), and (h), respectively; and
            (3) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Database and Budget Execution Information.--The Director of 
Central Intelligence and the Secretary of Defense shall jointly issue 
guidance for the development and implementation by the year 2000 of a 
database to provide timely and accurate information on the amounts and 
status of resources, including periodic budget execution updates, for 
national, defense-wide, and tactical intelligence activities.''.

SEC. 708. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING TO THE 
              NATIONAL FOREIGN INTELLIGENCE PROGRAM.

    Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5) 
is amended--
            (1) in subsection (a), by inserting ``, in consultation 
        with the Director of Central Intelligence,'' after ``Secretary 
        of Defense'' in the matter preceding paragraph (1); and
            (2) by adding at the end the following:
    ``(d) Annual Evaluation of the Director of Central Intelligence.--
The Director of Central Intelligence, in consultation with the 
Secretary of Defense and the Chairman of the Joint Chiefs of Staff, 
shall submit each year to the Committee on Foreign Intelligence of the 
National Security Council and the appropriate congressional committees 
(as defined in section 109(c)) an evaluation of the performance and the 
responsiveness of the National Security Agency, the National 
Reconnaissance Office, and the National Imagery and Mapping Agency in 
meeting their national missions.''.

SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.

    (a) Assistant Director of Central Intelligence for Collection.--
Section 102 of the National Security Act of 1947, as amended by section 
705(a)(1) of this Act, is amended by adding at the end the following:
    ``(e)(1) To assist the Director of Central Intelligence in carrying 
out the Director's responsibilities under this Act, there shall be an 
Assistant Director of Central Intelligence for Collection, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(2)(A) If neither the Director of Central Intelligence nor the 
Deputy Director of Central Intelligence is a commissioned officer of 
the Armed Forces at the time of the nomination of an individual to the 
position of Assistant Director of Central Intelligence for Collection, 
the President shall nominate an individual for that position from among 
the commissioned officers of the Armed Forces who have substantial 
experience in managing intelligence activities.
    ``(B) The provisions of subsection (c)(3) shall apply to any 
commissioned officer of the Armed Forces while serving in the position 
of Assistant Director for Collection.
    ``(3) The Assistant Director for Collection shall assist the 
Director of Central Intelligence in carrying out the Director's 
collection responsibilities in order to ensure the efficient and 
effective collection of national intelligence.''.
    (b) Consolidation of Human Intelligence Collection Activities.--Not 
later than 90 days after the date of the enactment of this Act, the 
Director of Central Intelligence and the Deputy Secretary of Defense 
shall jointly submit to the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate and the National Security 
Committee and Permanent Select Committee on Intelligence of the House 
of Representatives a report on the ongoing efforts of those officials 
to achieve commonality, interoperability, and, where practicable, 
consolidation of the collection of clandestine intelligence from human 
sources conducted by the Defense Human Intelligence Service of the 
Department of Defense and the Directorate of Operations of the Central 
Intelligence Agency.

SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF INTELLIGENCE.

    Section 102 of the National Security Act of 1947, as amended by 
section 709(a) of this Act, is further amended by adding at the end the 
following:
    ``(f)(1) To assist the Director of Central Intelligence in carrying 
out the Director's responsibilities under this Act, there shall be an 
Assistant Director of Central Intelligence for Analysis and Production, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(2) The Assistant Director for Analysis and Production shall--
            ``(A) oversee the analysis and production of intelligence 
        by the elements of the intelligence community;
            ``(B) establish standards and priorities relating to such 
        analysis and production;
            ``(C) monitor the allocation of resources for the analysis 
        and production of intelligence in order to identify unnecessary 
        duplication in the analysis and production of intelligence;
            ``(D) identify intelligence to be collected for purposes of 
        the Assistant Director of Central Intelligence for Collection; 
        and
            ``(E) provide such additional analysis and production of 
        intelligence as the President and the National Security Council 
        may require.''.

SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE ACTIVITIES.

    Section 102 of the National Security Act of 1947, as amended by 
section 710 of this Act, is further amended by adding at the end the 
following:
    ``(g)(1) To assist the Director of Central Intelligence in carrying 
out the Director's responsibilities under this Act, there shall be an 
Assistant Director of Central Intelligence for Administration, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(2) The Assistant Director for Administration shall manage such 
activities relating to the administration of the intelligence community 
as the Director of Central Intelligence shall require.''.

SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.

    Section 5315 of title 5, United States Code, is amended by adding 
at the end the following:
            ``Assistant Directors of Central Intelligence (3).''.

SEC. 713. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Establishment of Position.--The Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the 
following:

          ``general counsel of the central intelligence agency

    ``Sec. 20. (a) There is a General Counsel of the Central 
Intelligence Agency, appointed from civilian life by the President, by 
and with the advice and consent of the Senate.
    ``(b) The General Counsel is the chief legal officer of the Central 
Intelligence Agency.
    ``(c) The General Counsel of the Central Intelligence Agency shall 
perform such functions as the Director of Central Intelligence may 
prescribe.''.
    (b) Executive Schedule IV Pay Level.--Section 5315 of title 5, 
United States Code, as amended by section 712 of this Act, is further 
amended by adding at the end the following:
            ``General Counsel of the Central Intelligence Agency.''.

SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE DIRECTOR OF CENTRAL 
              INTELLIGENCE.

    Section 102 of the National Security Act of 1947, as amended by 
section 711 of this Act, is further amended by adding at the end the 
following:
    ``(h)(1) There is hereby established the Office of Congressional 
Affairs of the Director of Central Intelligence.
    ``(2)(A) The Office shall be headed by the Director of the Office 
of Congressional Affairs of the Director of Central Intelligence.
    ``(B) The Director of Central Intelligence may designate the 
Director of the Office of Congressional Affairs of the Central 
Intelligence Agency to serve as the Director of the Office of 
Congressional Affairs of the Director of Central Intelligence.
    ``(3) The Director shall coordinate the congressional affairs 
activities of the elements of the intelligence community and have such 
additional responsibilities as the Director of Central Intelligence may 
prescribe.
    ``(4) Nothing in the subsection may be construed to preclude the 
elements of the intelligence community from responding directly to 
requests from Congress.''.

SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by inserting after section 105 the 
following new section:

         ``assistance to united states law enforcement agencies

    ``Sec. 105A. (a) Authority To Provide Assistance.--Subject to 
subsection (b), elements of the intelligence community may, upon the 
request of a United States law enforcement agency, collect information 
outside the United States about individuals who are not United States 
persons. Such elements may collect such information notwithstanding 
that the law enforcement agency intends to use the information 
collected for purposes of a law enforcement investigation or 
counterintelligence investigation.
    ``(b) Limitation on Assistance by Elements of Department of 
Defense.--(1) With respect to elements within the Department of 
Defense, the authority in subsection (a) applies only to the National 
Security Agency, the National Reconnaissance Office, and the National 
Imagery and Mapping Agency.
    ``(2) Assistance provided under this section by elements of the 
Department of Defense may not include the direct participation of a 
member of the Army, Navy, Air Force, or Marine Corps in an arrest or 
similar activity.
    ``(3) Assistance may not be provided under this section by an 
element of the Department of Defense if the provision of such 
assistance will adversely affect the military preparedness of the 
United States.
    ``(4) The Secretary of Defense shall prescribe regulations 
governing the exercise of authority under this section by elements of 
the Department of Defense, including regulations relating to the 
protection of sources and methods in the exercise of such authority.
    ``(c) Definitions.--For purposes of subsection (a):
            ``(1) The term `United States law enforcement agency' means 
        any department or agency of the Federal Government that the 
        Attorney General designates as law enforcement agency for 
        purposes of this section.
            ``(2) The term `United States person' means the following:
                    ``(A) A United States citizen.
                    ``(B) An alien known by the intelligence agency 
                concerned to be a permanent resident alien.
                    ``(C) An unincorporated association substantially 
                composed of United States citizens or permanent 
                resident aliens.
                    ``(D) A corporation incorporated in the United 
                States, except for a corporation directed and 
                controlled by a foreign government or governments.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by inserting after the item relating to section 
105 the following new item:

``Sec. 105A. Assistance to United States law enforcement agencies.''.

SEC. 716. APPOINTMENT AND EVALUATION OF OFFICIALS RESPONSIBLE FOR 
              INTELLIGENCE-RELATED ACTIVITIES.

    (a) In General.--Section 106 of the National Security Act of 1947 
(50 U.S.C. 403-6) is amended to read as follows:

``appointment and evaluation of officials responsible for intelligence-
                           related activities

    ``Sec. 106. (a) Concurrence of DCI in Certain Appointments.--(1) In 
the event of a vacancy in a position referred to in paragraph (2), the 
Secretary of Defense shall obtain the concurrence of the Director of 
Central Intelligence before recommending to the President an individual 
for appointment to the position. If the Director does not concur in the 
recommendation, the Secretary may make the recommendation to the 
President without the Director's concurrence, but shall include in the 
recommendation a statement that the Director does not concur in the 
recommendation.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Director of the National Security Agency.
            ``(B) The Director of the National Reconnaissance Office.
    ``(b) Consultation with DCI in Certain Appointments.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), the head 
of the department or agency having jurisdiction over the position shall 
consult with the Director of Central Intelligence before appointing an 
individual to fill the vacancy or recommending to the President an 
individual to be nominated to fill the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Director of the Defense Intelligence Agency.
            ``(B) The Assistant Secretary of State for Intelligence and 
        Research.
            ``(C) The Director of the Office of Nonproliferation and 
        National Security of the Department of Energy.
            ``(D) The Assistant Director, National Security Division of 
        the Federal Bureau of Investigation.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by striking the item relating to section 106 and 
inserting in lieu thereof the following new item:

``Sec. 106. Appointment and evaluation of officials responsible for 
                            intelligence-related activities.''.

SEC. 717. REQUIREMENTS FOR SUBMITTAL OF BUDGET INFORMATION ON 
              INTELLIGENCE ACTIVITIES.

    (a) Submittal With Annual Budget.--Notwithstanding any other 
provision of law, the President shall include in each budget for a 
fiscal year submitted under section 1105 of title 31, United States 
Code, the following information:
            (1) The aggregate amount appropriated during the current 
        fiscal year on all intelligence and intelligence-related 
        activities of the United States Government.
            (2) The aggregate amount requested in such budget for the 
        fiscal year covered by the budget for all intelligence and 
        intelligence-related activities of the United States 
        Government.
    (b) Form of Submittal.--The President shall submit the information 
required under subsection (a) in unclassified form.

SEC. 718. REPORT ON INTELLIGENCE COMMUNITY POLICY ON PROTECTING THE 
              NATIONAL INFORMATION INFRASTRUCTURE AGAINST STRATEGIC 
              ATTACKS.

    (a) In General.--(1) Not later than 120 days after the date of the 
enactment of this Act, the Director of Central Intelligence shall 
submit to Congress a report setting forth--
            (A) the results of a review of the threats to the United 
        States on protecting the national information infrastructure 
        against information warfare and other non-traditional attacks; 
        and
            (B) the counterintelligence response of the Director.
    (2) The report shall include a description of the plans of the 
intelligence community to provide intelligence support for the 
indications, warning, and assessment functions of the intelligence 
community with respect to information warfare and other non-traditional 
attacks by foreign nations, groups, or individuals against the national 
information infrastructure.
    (b) Definitions.--For purposes of this section:
            (1) The term ``national information infrastructure'' 
        includes the information infrastructure of the public or 
        private sector.
            (2) The term ``intelligence community'' has the meaning 
        given that term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)).

            TITLE VIII--NATIONAL IMAGERY AND MAPPING AGENCY

SEC. 801. NATIONAL MISSION AND COLLECTION TASKING AUTHORITY FOR THE 
              NATIONAL IMAGERY AND MAPPING AGENCY.

    (a) In General.--(1) Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.) is amended by adding at the end the following:

 ``national mission and collection tasking authority for the national 
                       imagery and mapping agency

    ``Sec. 110. (a) National Mission.--The National Imagery and Mapping 
Agency shall have a national mission to support the imagery 
requirements of the Department of State, the Department of Defense, and 
other departments and agencies of the Federal Government. The Director 
of Central Intelligence shall establish requirements and priorities to 
govern the collection of national intelligence by the National Imagery 
and Mapping Agency. The Secretary of Defense and the Director of 
Central Intelligence, in consultation with the Chairman of the Joint 
Chiefs of Staff, shall jointly identify deficiencies in the 
capabilities of the National Imagery and Mapping Agency to accomplish 
assigned national missions and shall jointly develop policies and 
programs to review and correct such deficiencies.
    ``(b) Collection and Tasking Authority.--Except as otherwise agreed 
by the Director of Central Intelligence and the Secretary of Defense 
pursuant to direction provided by the President, the Director of 
Central Intelligence has the authority to approve collection 
requirements, determine collection priorities, and resolve conflicts in 
collection priorities levied on national imagery collection assets.''.
    (2) The table of contents in the first section of that Act is 
amended by inserting after the item relating to section 109 the 
following new item:

``Sec. 110. National mission and collection tasking authority for the 
                            National Imagery and Mapping Agency.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the later of--
            (1) the date of the enactment of the National Defense 
        Authorization Act for Fiscal Year 1997; or
            (2) the date of the enactment of this Act.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3259

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                               AMENDMENT

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